Page 1
Request for Proposal
Solicitation #: 328837
Date Issued: January 23, 2020
Issued To:
{Insert Potential Supplier Address}
This Request for Proposal (RFP) is issued under the authority of the Department of Energy Prime
Contract DE-AC06-09RL14728.
This RFP is issued by:
Mission Support Alliance, LLC
P.O. Box 650
Richland, WA 99352
Contract Specialist:
Dana Looney
509-376-0252
[email protected]
Proposals are to be prepared in accordance with the instructions and conditions set forth herein.
Proposals are to be received by the close of business (4:30 P.M., PST) on 02/04/2020 to the address
shown above, attention to the Contract Specialist identified above.
All questions are to be directed to the Contract Specialist identified above. All proposals are
subject to the terms and conditions set forth herein. Any exceptions, deviations, or omissions may
be grounds for rejection of proposals submitted.
Page 2
REQUEST FOR PROPOSAL NO: 328837
Page 2 of 23
Table of Contents
A.1 North American Industry Classification System (NAICS) Code and Size
Standard ...................................................................................................................4 A.2 Cost or Pricing Data .................................................................................................4 A.3 Proposal Submittal ...................................................................................................4 A.4 Financial Capability Determination .........................................................................5
A.5 Basis of Award – Best Value ...................................................................................5 A.6 Proposal Submission Requirements .........................................................................6 A.7 Labor Rate Schedule ................................................................................................7 A.8 Conflict of Interest Disclosure and Representation .................................................7
A.9 Instructions for the Preparation of Proposals ...........................................................8 A.10 Foreign Nationals .....................................................................................................9
A.11 Service Animal Requirement ...................................................................................9 B.0 Award ................................................................................................................................ 10
B.1 Award Notification ................................................................................................10 B.2 Limitation of Funds................................................................................................10
C.0 QA / Inspection Requirements- Reserved ......................................................................... 11
D.0 Description/Statement of Work- Reserved ....................................................................... 11 E.0 Transportation Instructions- Reserved .............................................................................. 11
F.0 Schedule- Reserved ........................................................................................................... 11 G.0 Delivery/Performance ....................................................................................................... 11
G.1 Term of Subcontract ..............................................................................................11
H.0 Subcontract Administration .............................................................................................. 11
H.1 Authorized Personnel .............................................................................................12 H.2 Electronic Mail Capability .....................................................................................12 H.3 Closeout Certification ............................................................................................12
H.4 Subcontractor Invoices for Subcontracts ...............................................................12 H.5 Terms of Payment ..................................................................................................14
I.0 Special Requirements........................................................................................................ 14 I.1 Reimbursement of Travel Expenses ......................................................................14
I.2 Facility Closure Notice - Holiday and Work Schedules ........................................15 I.3 Key Personnel ........................................................................................................15 I.4 Service Contract Labor Standards .........................................................................15 I.5 Inspection of Services ............................................................................................16 I.6 Designation of Technical Representative ..............................................................17
I.7 Subcontract Options ...............................................................................................17 I.8 Environmental, Safety and Health .........................................................................18
I.9 Size Standards Reporting Requirements ................................................................18 I.10 Requirements for Lower Tier Subcontracting .......................................................19 I.11 Non-Disclosure Agreement for Company Subcontractors ....................................19
Page 3
REQUEST FOR PROPOSAL NO: 328837
Page 3 of 23
I.12 Non-Disclosure and Intellectual Property Agreement for Individual
Subcontractors........................................................................................................20 J.0 Terms and Conditions ....................................................................................................... 20
J.1 Limitation of Liability - Services ...........................................................................20 J.2 General Provisions – Time and Material / Labor Hour .........................................21 J.3 Special Provisions – On-Site (Formerly SP-5) ......................................................21
K.0 List of Attachments ........................................................................................................... 21 K.1 Statement of Work (SOW).....................................................................................21
K.2 Wage Determination ..............................................................................................21 L.0 Signatures .......................................................................................................................... 21
M.0 Representations and Certifications ................................................................................... 21
M.1 Anti-kickback Certifications ..................................................................................21
M.2 Subcontractor Acknowledgement of Federal Online Representations and
Certifications ..........................................................................................................22
Page 4
REQUEST FOR PROPOSAL NO: 328837
Page 4 of 23
A.1 North American Industry Classification System (NAICS) Code and Size Standard
(A01) Rev 002 3/1/2011
The Buyer has determined that North American Industry Classification System (NAICS) Code
611430 applies to this acquisition. Therefore, the size standard for determining whether an Offeror
is a small business in regard to this acquisition is $12 million.
If this solicitation is designated as a small business set-aside, the Offeror certifies that they are a
small business by submitting a proposal or an offer to this solicitation.
A.2 Cost or Pricing Data
(A16) Rev. 1 03/14/2011
This is not a request for cost or pricing data, but notification to all Offerors that this information
may be required prior to award unless the Subcontract is determined by the Buyer to be exempt
from the requirements of Public Law 87-653 (10 USC Sec. 2306a).
A.3 Proposal Submittal
(A37) Rev. 0 03/14/2011
1. Proposals are to be received by the close of business (4:30 P.M., PST) on the date specified
in the Solicitation.
2. Other Proposal Methods
Proposals, upon approval by Contract Specialist, may be submitted by E-mail (preferred),
telephone, fax, mail, or hand delivered. The original proposal form and certifications must
be sent to the Contract Specialist when requested as confirmation.
3. Late Proposals
A proposal is considered late if it is received at the office designated in the solicitation after
the exact time and date specified for receipt and will not be considered unless:
a. It was sent by registered or certified mail no later than the fifth calendar day
prior to the date specified for receipt of offers (e.g., an offer submitted in
response to a Solicitation requiring receipt of offers by the 20th of the month
must have been mailed by the 15th or earlier); or
Page 5
REQUEST FOR PROPOSAL NO: 328837
Page 5 of 23
b. It was sent by mail, telephone, or fax, if authorized by the Contract Specialist,
and it is determined that the late receipt was due solely to mishandling upon
receipt; or
c. It is the only proposal received.
4. Proposal Changes
Any modification of a proposal, including the Contract Specialist’s request for “Best and
Final Offer,” is subject to the same conditions as in the “Late Proposals” section above.
5. Withdrawal of Proposals
Proposals may be withdrawn by written or electronic notice to the Buyer at any time prior
to award. A Subcontractor, or its authorized representative, may withdraw proposals in
person, provided their identity is made known and they sign a receipt for the proposal.
A.4 Financial Capability Determination
(A39) Rev. 0 03/14/2011
Prior to Award, the Buyer reserves the right to request any or all Offerors to submit data which
will be used to make a determination of financial capability to perform on any resultant
Subcontract. Such data may include, however not be limited to, current annual reports, lines of
credit with financial institutions and suppliers, and/or any other such data as may be required to
make a determination of the Subcontractor’s financial capabilities.
A.5 Basis of Award – Best Value
(A86) Rev. 2 10/10/2019
Award may be made to the Offeror submitting the best proposal in which both cost/price and other
specifically defined factors will be the basis of award. Proposals will be evaluated to determine
the response that provides the best value to MSA and the Government, considering cost/price and
technical criteria; with technical rated higher than cost/price.
Technical
Price
Page 6
REQUEST FOR PROPOSAL NO: 328837
Page 6 of 23
A.6 Proposal Submission Requirements
(A96) Rev. 2 03/01/2019
There may or may not be an award made as a result of this Solicitation. MSA is under no obligation
to pay the Offeror for the preparation or submittal of any response to this Solicitation.
Offeror shall insert the necessary information required on the Solicitation. Any proposals not
submitted in accordance with the Solicitation may be considered nonresponsive. Unless otherwise
requested, Offeror is to propose price and delivery based upon their normal work week. In
addition, Offeror is to specify basis of normal workweek (i.e., number of days/week and number
of hours/day).
Compliance with specifications and other requirements of this Solicitation is essential. Unless
otherwise indicated by Offeror, Offerors signature on their proposal shall indicate unqualified
acceptance of all requirements including all the terms and conditions stated and referenced by this
Solicitation. Interpretations established by the Offeror to any part of this Solicitation may be
considered an exception. In case of doubt, Offeror should request clarification from Contract
Specialist. If there are any exceptions to the requirements of the Solicitation, the price offered
should be based on the Solicitation's requirements and the exception(s) priced as alternates. If
Offeror's proposal is based only on the proposed exceptions, it must be recognized that this may
be grounds for a determination that such a proposal is non-responsive.
Any questions or requests for additional information relative to the Solicitation must be submitted
in writing to the Contract Specialist responsible for issuing the Solicitation. Copies of replies to
questions will be furnished to all Offerors.
Proprietary Information
Offerors whose proposals include any data that they do not want disclosed to the public for any
purpose, or used by Buyer or the Government except for evaluation purposes, shall:
A. Mark the title page of their proposal with the following legend:
“This proposal includes data that shall not be disclosed outside Buyer or the Government
and shall not be duplicated, used, or disclosed - in whole or in part - for any purpose other
than to evaluate this proposal. If, however, a Subcontract is awarded to this Offeror as a
result of, or in connection with, the submission of this data, Buyer and the Government
shall have the right to duplicate, use, or disclose the data to the extent provided in the
resulting Subcontract. This restriction does not limit Buyer’s nor the Government's right to
use information contained in this data if it is obtained from another source without
Page 7
REQUEST FOR PROPOSAL NO: 328837
Page 7 of 23
restriction. The data subject to this restriction are contained in sheets [insert numbers or
other identification of sheets];” and
B. Mark each sheet of data it wishes to restrict with the following legend:
“Use or disclosure of data contained on this sheet is subject to the restriction on the title
page of this proposal.”
A.7 Labor Rate Schedule
(A99) Rev. 1 09/27/2019
The Fully Burdened Labor Rates below shall be used as consideration for satisfactory performance
of Work in accordance with this Subcontract. All allowable hours shall be billed as identified
below. The rates shall remain in full force and effect for the Subcontract period of performance,
unless written authorization is provided by the Contract Specialist. There is no overtime premium
notwithstanding the number of hours worked during the day.
LABOR RATE SCHEDULE
Name of Individual Labor
Category
Fully Burdened
Rate
A.8 Conflict of Interest Disclosure and Representation
(A102) Rev. 2 02/08/2018
It is the Buyer’s policy to avoid situations, which place a Subcontractor or Subcontractor’s
employees in a position in which it may not be able to participate or perform on an equal basis for
Buyer-controlled work with other qualified contractors due to impermissible Conflicts of Interest.
See, FAR 3.1101. To address this matter, the Subcontractor is to consider the relevant
Page 8
REQUEST FOR PROPOSAL NO: 328837
Page 8 of 23
circumstances surrounding this effort to determine if there are any past, present or future interests
(financial, contractual, organizational or personal) that could be viewed as a conflict of interest.
In addition, the Subcontractor is to consider potential conflicts of interest of all personnel working
in a staff augmentation or direct services role for familial relationships at Hanford in answering
the following.
The Subcontractor is to insert the following statement into any proposal response to MSA:
Subcontractor hereby certifies that [ ] there is not or [ ] there is a potential conflict of
interest by the company or company personnel. If the answer is affirmative, the details
associated with the real or potential concerns are disclosed and highlighted in the
Subcontractor’s proposal. Any such disclosure may result in the need for additional
discussions relative to the Subcontractor’s continued participation in this effort. Failure to
disclose any real or potential concerns may be grounds for disqualification if identified
prior to award or, if applicable, termination if identified after award.
A.9 Instructions for the Preparation of Proposals
(A104) Rev. 0 7/17/2014
For specific instructions on how to respond to a Request for Proposal (RFP), please refer to
Instructions for the Preparation of Proposals.
Please provide a current copy of Your Representations and Certifications from SAM
Please provide a current copy of the active exclusions list from SAM
Please verify that you are registered to the NAICS code for this procurement in both SAM
and the Hanford Site vendor registration. Please us the following link to register for the
Hanford Site vendor database. https://www5.hanford.gov/vendreg/
Please provide an hourly rate for the base period of his contract and all the option periods
for each employee you propose.
Page 9
REQUEST FOR PROPOSAL NO: 328837
Page 9 of 23
Please provide a breakdown of each hourly rate to include the base pay, all taxes, overhead,
administrative, all profit and any other adder. Please make sure each adder that builds up
the hourly labor rate is listed separately and none of them are combined.
Please provide your proposals in two volumes. One price and the other technical.
Please provide a resume and all supporting documentation to comply with section 5.1 of the
scope of work.
Please fill out section A.10 of this solicitation and return with Proposal.
Please provide a certificate of insurance that is compliant with Special Provisions 5-On-Site
Services contained in this subcontract.
Insurance and all vendor registration data are to be considered part of the Price volume of
the two-volume proposal.
Please provide a small business subcontracting plan in accordance with General Provisions
Time and Material section 8.0 found in this subcontract.
A.10 Foreign Nationals
(A106) Rev. 0 5/25/2016
If the Subcontractor intends to propose any foreign nationals (non-US citizens) that information
must be a part of the Subcontractor’s proposal. They will be processed in accordance with
MSA’s Unclassified Visits and Assignments by Foreign Nationals prior to commencement of the
work. This process could add from a few days up to several weeks of lead time depending on the
country of origin and the subject matter involved.
A.11 Service Animal Requirement
(A111) Rev. 0 01/16/2019
If any of the individuals who will be performing work under the awarded subcontract require the
use of a service animal to perform their work or tasks, this information is to be included in the
proposal. No service animal will be allow access unless the conditions set forth in the attached
Special Provisions 5 – ON-SITE SERVICES, clause 19.0 Service Animals, have been met.
Page 10
REQUEST FOR PROPOSAL NO: 328837
Page 10 of 23
B.0 Award
B.1 Award Notification
(A95) Rev. 0 3/14/2011
The Subcontractor is hereby notified that effective on TBD, the Subcontractor is awarded a Time
and Material Subcontract for the delivery/performance of the item(s) and/or service(s) in
accordance with all the requirements and conditions set forth or by reference attached herein in an
amount of $TBD. The Subcontractor shall not exceed this amount without specific written
authorization from the Contract Specialist.
B.2 Limitation of Funds
(A109) Rev. 0 7/27/2017
1. Although the parties have negotiated the ceiling price of a not-to-exceed amount of $TBD
for this Subcontract, it is understood that sufficient funds for the full scope of the work are
not presently available. It is anticipated that additional funds will be obligated to this
Subcontract until the total estimated price of said Subcontract is reached.
2. The Subcontract specifies the amount presently available for payment, the items covered,
and the period of performance the amount will cover. The Subcontractor agrees to perform
(or have performed work) on the Subcontract up to the point at which the total amount paid
and payable under the Subcontract approximates but does not exceed, the total amount
actually allotted on the Subcontract.
3. The Subcontractor shall notify the Contract Specialist in writing whenever the total costs
it expects to incur under this Subcontract in the next 30 days will exceed 85 percent of the
total amount allotted to this Subcontract. The notice shall state the estimated date when
such amount will be reached, and the estimated amount of additional funds required for
continuing performance for the period specified in the schedule. If, after such notification,
additional funds are not obligated by the end of estimated reach date or by an another
agreed upon date, the Buyer shall, upon Subcontractor’s written request, terminate this
Subcontract on the performance end date or the date set forth in the request, whichever is
later, and pursuant to the provisions of the Termination clause of this Subcontract.
4. Except as provided by other provisions of this Subcontract, the following are stated to be
exceptions to this clause:
a. The Buyer is not obligated to reimburse the Subcontractor for costs incurred in excess
of the total amount allotted to this Subcontract; and
Page 11
REQUEST FOR PROPOSAL NO: 328837
Page 11 of 23
b. The Subcontractor is not obligated to continue performance under this Subcontract
(including actions under the termination clause) or otherwise incur costs in excess of
the allotted amount of this Subcontract, until the Buyer notifies the Subcontractor in
writing that the amount has been increased and specifies the revised total allotted
amount.
5. No notice, communication, or representation in any form or by anyone other than the
Contract Specialist, shall affect the allotted amount of this Subcontract. In the absence of
the Subcontractor’s notification (paragraph 3 above), the Buyer is not obligated to
reimburse the Subcontractor for any costs in excess of the total amount allotted to this
Subcontract whether incurred during the course of performance period, a termination, or
result of an audit.
6. Any costs the Subcontractor incurs before a modification shall be allowable to the same
extent as if incurred afterward, unless this Subcontract was terminated.
7. Change orders shall not be considered an authorization to exceed the allotted amount
specified in the schedule, unless they result in a modification to the Subcontract
8. If the Buyer does not allot sufficient funds to allow completion of the work, the
Subcontractor is entitled to a percentage of the fee specified in this Subcontract equaling
the percentage of work completed.
C.0 QA / Inspection Requirements- Reserved
D.0 Description/Statement of Work- Reserved
E.0 Transportation Instructions- Reserved
F.0 Schedule- Reserved
G.0 Delivery/Performance
G.1 Term of Subcontract
(F08) Rev. 0 3/14/2011
The term of this Subcontract shall commence on the date of award and shall end on TBD unless
extended by the parties or terminated by other provisions of this Subcontract.
H.0 Subcontract Administration
Page 12
REQUEST FOR PROPOSAL NO: 328837
Page 12 of 23
H.1 Authorized Personnel
(G03) Rev. 0 1/28/2010
Only the following named individuals are authorized to make changes to this Subcontract or
Purchase Order:
Contract Specialist, Dana Looney/ 509-376-0252/ [email protected]
Contracts Manager, Keisha Garcia/ 509-376-9831/ [email protected]
H.2 Electronic Mail Capability
(G11) Rev. 0 3/14/2011
The Subcontractor shall have internet access and maintain electronic mail capability for the
duration of the Subcontract. The Subcontractor email account shall be able to send and receive
attached documents of up to 1/2 megabyte in size. Correspondence concerning this Subcontract
will be conducted via email in current versions of Microsoft Office applications, ASCII text, RTF,
PDF, ZIP, and other commonly used file formats.
H.3 Closeout Certification
(G19) Rev. 2 07/18/2018
Subcontractor shall properly execute and mail to the Buyer a final release, in a format acceptable
to the Buyer, within thirty (30) working days from the last date services are provided hereunder
and/or the date of the last shipment made hereunder. Final payment will not be made until a final
release is signed and received by the Buyer.
Final Release is located at http://www.hanford.gov/pmm/files.cfm/Final_Release_MSA.pdf.
H.4 Subcontractor Invoices for Subcontracts
(G044) Rev. 1 03/01/2019
The following process shall be used on invoices submitted to Mission Support Alliance.
Unauthorized deviations from these instructions may result in delayed payment or returned
invoices.
Invoice Submittal Requirements:
Page 13
REQUEST FOR PROPOSAL NO: 328837
Page 13 of 23
A. Submittal of an invoice constitutes Subcontractor’s certification that materials, work,
and/or services have been delivered, and invoice rates are in accordance with the
Subcontract provisions.
1. Invoices for services may not be submitted more than once per calendar month
unless otherwise authorized in the Subcontract.
2. The total amount due for the billing period must be clearly identified on all invoices
(this amount should be set apart from any cumulative amounts or subtotals included
on the invoice).
3. The Subcontractor shall indicate the labor rate, number of hours, and period of
performance being billed on each invoice, when applicable.
4. Invoiced rates, travel, or other direct charges must be specifically defined in the
Subcontract to be allowable for reimbursement.
5. Travel expenses (if authorized) must be itemized and supported with receipts in
accordance with the requirements set forth under the clause titled, “Reimbursement
of Travel Expenses,” or as otherwise stated within the Subcontract.
6. The Subcontractor shall submit signed time cards for the individual
performing the work with each invoice on this subcontract.
B. All invoices shall be submitted electronically to Accounts Payable ([email protected] )
and copy the Contract Specialist unless otherwise directed by the Contract Specialist.
Please do not submit hard copies unless requested by the Contract Specialist.
C. Each Subcontract and release(s) must be invoiced separately.
1. The Subcontractor name, invoice number, and the Subcontract and release number
must be shown in the subject line of the e-mail message used to submit an electronic
invoice. The suggested format for the subject line is: Subcontractor Name, Invoice
XXXXX, and Subcontract XXXXX-X (i.e. 47825 - Release 20).
2. Each invoice must have a unique invoice number.
3. Each invoice should include the name and telephone number of a company
representative available to respond to invoice questions.
4. Remittance will only be made to the remittance address on file for the
Subcontractor. Invoices from third parties or with different remittance instructions
or addresses will not be processed.
Page 14
REQUEST FOR PROPOSAL NO: 328837
Page 14 of 23
5. Questions or requests for exceptions should be addressed to the Contract Specialist.
6. Before payments can be made via Electronic Funds Transfer (EFT), an
“Authorization for Electronic Funds Transfer of Invoice Payments” form must be
completed and returned to Contract Specialist. The form is located at:
http://www.hanford.gov/pmm/files.cfm/eft.pdf. NOTE: The original form with
signature and date shall be mailed to the address at the bottom of the form. Copies
of the form that have been e-mailed or faxed will not be accepted.
H.5 Terms of Payment
(G047) Rev. 0 7/14/2014
Payment terms are net 30 days, unless otherwise agreed upon in writing, upon satisfactory receipt
of goods or provision of services and receipt of an accurate invoice.
I.0 Special Requirements
I.1 Reimbursement of Travel Expenses
(H21) Rev. 4 09/21/2018
General Reimbursement Policy
1. Expenses must be in accordance with the Federal Travel Regulation (FTR), this clause, and
any other Subcontract provisions agreed upon prior to traveling. Reimbursement for travel
under this Subcontract is strictly limited to expenses deemed reasonable, allowable, and
allocable in accordance with FTR and this Subcontract. Links to the FTR and current per-
diem rates can be found on the GSA web site (www.gsa.gov).
2. At all times, the Subcontractor is expected to take reasonable steps to minimize the amount
of travel expenses (i.e. booking all travel as far in advance as possible).
Invoicing for Travel Expenses
Subcontractor’s submittal of an invoice to the Buyer that includes travel expenses, signifies
certification to the above. Failure to comply with these provisions may cause any request for
reimbursement to be denied.
Expense reimbursement requests must be submitted in a timely manner, identify the name of the
traveler, destination, purpose of the travel and days worked under the Subcontract, as well as any
required pre-approval documentation.
Page 15
REQUEST FOR PROPOSAL NO: 328837
Page 15 of 23
Invoices for travel expenses must include original or legible copies of receipts as required by the
FTR to support:
1. Actual airfare
2. Car rental expenses for each rental day - car rental must be for compact size.
3. Lodging.
I.2 Facility Closure Notice - Holiday and Work Schedules
(H22) Rev. 1 10/22/2014
NOTICE: Daily work schedules and facility operations are NOT consistent on the Hanford Site.
Many organizations and facilities observe Friday closures.
Accordingly, BEFORE scheduling deliveries or site work, the Subcontractor shall make specific
schedule arrangements with the Contract Specialist, BTR, Facility Manager, Delivery Warehouse
Manager, Building Manager, or other cognizant Mission Support Alliance organization.
The Buyer will not be liable for the cost of any delays, demurrage, layovers, extra travel days, etc.,
which result from Subcontractor’s failure to obtain a specific delivery or work schedule in advance.
I.3 Key Personnel
(H23) Rev. 0 3/14/2011
Subcontractor agrees those individuals determined to be key individuals will not be reassigned
without the written agreement of the Buyer. If any of these individuals are unavailable for
assignment for work under this Subcontract, the Subcontractor, with written approval from the
Buyer, shall replace such individual with an individual equal in abilities and qualifications.
The following named individuals have been determined to be key personnel assigned to the
performance of this Subcontract: TBD
I.4 Service Contract Labor Standards
(H27) Rev. 8 08/23/2017
This Subcontract is subject to the Service Contract Labor Standards (formerly known as the
Service Contract Act of 1965) as specified in FAR 22.10. It is the Subcontractor’s responsibility
to ensure their employees are properly classified in accordance with the Service Contract Labor
Page 16
REQUEST FOR PROPOSAL NO: 328837
Page 16 of 23
Standards for the work assigned for the entire duration of this Subcontract. The Subcontractor shall
pay service employees employed in the performance of this Subcontract no less than the minimum
wage, and furnish fringe benefits in accordance with the appropriate job classification per the
applicable Blanket Wage Determination.
Blanket Wage Determination (BWD) 2015-5527 (attached) is applicable to work performed under
this Subcontract on the Hanford Site and adjacent areas by service occupations identified in the
BWD. Service Occupations that will be used in performance of this Subcontract at another
location or that are not listed in the BWD must be specifically identified herein along with an
applicable wage determination.
A Directory of Occupations and more information about the Service Contract Act can be found
on the Department of Labor web site at https://www.dol.gov/whd/govcontracts/sca.htm
I.5 Inspection of Services
(H36) Rev. 0 3/14/2011
1. Definitions. “Services,” as used in this clause, includes services performed and when
applicable, materials furnished or utilized in the performance of services.
2. Subcontractor may be required to provide and maintain an internal quality
control/inspection system covering the services performed under this Subcontract that is
acceptable to the Buyer. However, Buyer acceptance does not relieve the Subcontractor in
any way for full performance responsibility.
3. Complete records of all inspections performed by Subcontractor on work related to the
requirements of this Subcontract shall be maintained and made available to the Buyer
during Subcontract performance, and for as long afterwards as is required by the General
Provisions of this Subcontract.
4. The Buyer reserves the right to inspect and test all services called for by the Subcontract,
to the extent practicable, at all times and places during the term of the Subcontract. This
right shall extend to any of Subcontractor’s sub-tier subcontractors whose work applies
directly to this Subcontract. Subcontractor shall make such provisions as necessary in its
sub-tier subcontracts and contracts to ensure the preservation of this right. The Buyer shall
perform inspections and tests in a manner that will not unduly delay the work.
5. If any of the services provided by Subcontractor do not conform to its requirements, the
Buyer may require Subcontractor to perform the services again in conformity with
Subcontract requirements at no additional fee if a fee is payable under other provisions of
this Subcontract. When defects in services cannot be corrected by re-performance, the
Page 17
REQUEST FOR PROPOSAL NO: 328837
Page 17 of 23
Buyer may: (1) require Subcontractor to take necessary action to ensure that future
performance conforms to contractual requirements, and (2) reduce any fee payable under
this Subcontract to reflect the reduced value of the services performed.
6. If Subcontractor again fails to promptly perform the services or to take necessary action to
ensure that future performance is in conformity with contractual requirements, the Buyer
may: (1) by Subcontract or otherwise, perform the services and reduce any fee payable by
an amount that is equitable under the circumstances or (2) terminate the Subcontract for
default in accordance with SP-2, “Special Provisions - Cost Reimbursement Subcontracts.”
I.6 Designation of Technical Representative
(H38) Rev. 0 3/14/2011
The Contract Specialist hereby designates the following as the Buyer’s Technical Representative,
(BTR) for this Subcontract: Name/phone/mail stop/email:TBD.
The BTR is responsible for monitoring and providing technical guidance for this Subcontract and
should be contacted regarding questions or problems of a technical nature. The BTR is also
responsible for appropriate surveillance of the Subcontractor’s representative while on site.
However, in no event will an understanding, agreement, modification, change order, or any
deviation from the terms of this Subcontract be effective or binding upon the Buyer unless
formalized by proper contractual documents executed by the Contract Specialist prior to
completion of this Subcontract.
On all matters that pertain to Subcontract terms, the Subcontractor shall contact the Contract
Specialist specified within this Subcontract. When in the opinion of the Subcontractor, the BTR
requests or directs efforts outside the existing scope of the Subcontract; the Subcontractor shall
promptly notify the Contract Specialist in writing. The BTR does not possess any explicit,
apparent or implied authority to modify the Subcontract. No action should be taken until the
Contract Specialist makes a determination and modifies the Subcontract in writing.
I.7 Subcontract Options
(H54) Rev. 0 3/14/2011
The Buyer retains the sole right to exercise the option(s) included in this Subcontract. The inclusion
of the option(s) does not represent a commitment, financial or otherwise, on the part of the Buyer
to exercise any or all of the option(s) nor extend the Subcontract beyond the end date specified by
the Subcontract or most current Subcontract amendment. Buyer may exercise one or more options
by providing written notice to the Subcontractor prior to the most current Subcontract end date.
Page 18
REQUEST FOR PROPOSAL NO: 328837
Page 18 of 23
Lacking written notice by the Buyer, the option(s) will expire with the Subcontract.
Option Period 1 10/01/2020 to 09/30/2021
Option Period 2 10/01/2021 to 09/30/2022
Option Period 3 10/01/2022 to 09/30/2023
Option Period 4 10/01/2023 to 09/30/2024
I.8 Environmental, Safety and Health
(H101) Rev 2 9/19/2017
All work performed on the Hanford site shall be accomplished safely in accordance with all
applicable Environmental, Safety and Health Requirements. See Special Provisions – On-Site
(Formerly SP-5).
Based on a review of the work scope for this Subcontract, the Buyer has determined that this
Subcontract merits increased attention to safety performance. Accordingly, Subcontractor is
required to apply the guiding principles and core function of ISMS as referred to in the Special
Provisions.
The Subcontractor shall submit the safety documentation, submittals, and/or safety plan specified
by the Buyer in the Subcontract, Statement of Work, Section 6.0 before performing any work on
site (unless specifically waived by Buyer).
I.9 Size Standards Reporting Requirements
(H111) Rev. 0 3/14/2011
If the Subcontractor represented that it was a small business concern prior to the award of a
Subcontract, the Subcontractor shall re-represent its size status by completing re-representation
upon the occurrence of any of the following:
(a) Within 30 days after execution of a novation agreement or within 30 days after
modification of the Subcontract to include this clause, if the novation agreement was
executed prior to inclusion of this clause in the Subcontract.
(b) Within 30 days after merger of acquisition that does not require a novation or within 30
days after modification of the Subcontract to include this clause, if the merger or
acquisition occurred prior to inclusion of this clause in the Subcontract
Page 19
REQUEST FOR PROPOSAL NO: 328837
Page 19 of 23
(c) For long-term Subcontracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the Subcontract; and
(ii) Within 60 to 120 days prior to the date specified in the Subcontract for exercising
any option thereafter.
The following re-representation must be completed if any of the above occurs. The information
must be submitted to the Contract Specialist, along with the Subcontract number and the date on
which the re-representation was completed:
The Subcontractor represents that it is, is not a small business concern under NAICS
Code____________ assigned to Subcontract number____________. [Subcontractor to sign and
date and insert signer’s name and title].
I.10 Requirements for Lower Tier Subcontracting
(H119) Rev 0 9/15/2011
1. Any lower tier subcontractor shall be bound by all required flow down requirements and
expectations set forth in Subcontractor’s Subcontract. Subcontractor’s contract with lower
tier subcontractors shall specifically call out the provisions of MSA’s SP-5, Special
Provisions – On Site Services, as well as any other technical and ES&H or quality
standard/procedure from the MSA Statement of Work applicable to the lower tier’s efforts.
2. Any lower tier subcontract issued shall include a clause or provision to further flow down
these requirements to subsequent lower tier subcontractors.
3. Copies of executed lower tier subcontracts shall be furnished to the cognizant Contract
Specialist.
I.11 Non-Disclosure Agreement for Company Subcontractors
(H121) Rev. 1 07/26/2018
This Subcontract is subject to the Non-Disclosure Agreement (NDA) for Companies. Upon
request, the Subcontractor shall complete the form and submit it to the designated Contract
Specialist.
Page 20
REQUEST FOR PROPOSAL NO: 328837
Page 20 of 23
I.12 Non-Disclosure and Intellectual Property Agreement for Individual Subcontractors
(H122) Rev. 2 4/7/2015
This Subcontract is subject to the provisions of the Non-Disclosure Agreement (NDA) and
Intellectual Property (IP) Agreement. The Subcontractor shall complete the form and submit it to
the designated Contract Specialist for any Subcontractor individual who will be performing work
under this Subcontract.
J.0 Terms and Conditions
The terms and conditions set forth or referenced in the body of this document by the Buyer shall
apply and the Buyer objects to and shall not be bound by any additional or different terms and
conditions.
J.1 Limitation of Liability - Services
(I36) Rev. 0 3/14/2011
1. Subcontractor shall not be liable for loss of or damage to property of the Government that
(1) occurs after Buyer acceptance of services performed under this Subcontract and (2)
results from any defects or deficiencies in the services performed or materials furnished
except as provided in paragraphs 2 and 3 below, and except to the extent that the
Subcontractor is expressly responsible under this Subcontract for deficiencies in the
services required to be performed under it (including any materials furnished in
conjunction with those services).
2. The limitation of liability under paragraph 1 above shall not apply when a defect or
deficiency in, or the Buyer’s acceptance of, services performed or materials furnished
results from willful misconduct or lack of good faith on the part of any of the
Subcontractor’s managerial personnel. The term “Subcontractor’s Managerial Personnel,”
as used in this clause, means the Subcontractor’s directors, officers, and any of the
Subcontractor’s managers, superintendents, or equivalent representatives who have
supervision or direction of:
a. All or substantially all of the Subcontractor’s business;
b. All or substantially all of the Subcontractor’s operations at any one plant,
laboratory, or separate location at which the Subcontract is being performed; or
c. A separate and complete major industrial operation connected with the performance
of the Subcontract.
Page 21
REQUEST FOR PROPOSAL NO: 328837
Page 21 of 23
3. If the Subcontractor carries insurance, or has established a reserve for self-insurance,
covering liability for loss or damage suffered by the Government or the Buyer through the
Subcontractor’s performance of services or furnishing of material under this Subcontract,
the Subcontractor shall be liable to the Government or the Buyer, to the extent of such
insurance or reserve, for loss of or damage to property of the Government occurring after
Buyer’s acceptance of, and resulting from any defects and deficiencies, in services
performed or materials furnished under this Subcontract.
4. The Subcontractor shall include this clause, including this paragraph, supplemented as
necessary to reflect the relationship of the Subcontracting parties, in all lower-tier
Subcontracts over $25,000.00.
J.2 General Provisions – Time and Material / Labor Hour
(Revision 05, November 12, 2019)
http://www.hanford.gov/pmm/page.cfm/Provisions
J.3 Special Provisions – On-Site (Formerly SP-5)
(Revision 03, February 13, 2018)
http://www.hanford.gov/pmm/page.cfm/Provisions
K.0 List of Attachments
K.1 Statement of Work (SOW)
The attached Statement of Work: Part-Time Instructional Staff-Hazardous Energy Control
(LOCKOUT/TAGOUT) And Safety & Health Training Support for HAMMER Training Dated:
September 13, 2019 revision: 0 identifies the scope and performance expectations of the
Subcontract. The SOW is incorporated into and made a part of this Subcontract along with all of
the other clauses and terms identified herein.
K.2 Wage Determination
Wage Determination 2015-5527 Rev 8 - 08-02-2019
L.0 Signatures
M.0 Representations and Certifications
M.1 Anti-kickback Certifications
Page 22
REQUEST FOR PROPOSAL NO: 328837
Page 22 of 23
(L02) Rev. 0 2/2/2010
By responding to this solicitation, the Offeror or Subcontractor certifies that he/she has not:
1. Provided, attempted to provide, or offered to provide, any kickback;
2. Has not solicited, accepted, or attempted to accept any kickback; and/or
3. Included, directly or indirectly, the amount of any kickback, in the Subcontract price
proposed by the Offeror or Subcontractor to the Buyer. (For interpretation of the term
Subcontractor Kickback, see Title 41 U.S.C. Chapter 87, Sections 701 and 8702).
M.2 Subcontractor Acknowledgement of Federal Online Representations and
Certifications
(L16) Rev. 2 9/07/2012
Mission Support Alliance, LLC (“MSA”), relies upon Subcontractor’s current representations and
certifications within a Federal web-based system that centralizes and standardizes the collection,
storage and viewing of many of the representations and certifications required by the Federal
Acquisition Regulations. Effective August 2012, that Federal system is now System for Award
Management (SAM) at www.sam.gov.
By submitting a proposal to MSA in response to this solicitation, the Subcontractor is certifying
that:
1. The representation and certification information within SAM is still current;
2. All statements and explanatory documentation submitted is current and accurate;
3. Signer is authorized to represent the Subcontractor in all matters related to pricing, terms
and conditions, and conduct of business;
4. Subcontractor complies with all requirements of State of Washington statutes,
ordinances, rules and regulations, codes, and orders related to equal employment
opportunity and operation of non-segregated facilities;
5. All Subcontractor employees who may work on MSA’s premises or on the Hanford Site
are not under the influence of controlled substances, drugs or alcohol. Subcontractor
agrees to testing of assigned employees under the MSA’s program for controlled
substances;
Page 23
REQUEST FOR PROPOSAL NO: 328837
Page 23 of 23
6. Subcontractor’s information in the MSA’s registration system is current (no more than
12 months old); and
7. Subcontractor will update SAM on an annual basis.
